Ovington Bros. v. Henshaw
New York Supreme Court
Tbial of an issue of law raised by a demurrer to the complaint by the defendant in her individual capacity that it does not state facts sufficient to constitute a cause of action against her individually. Action by tenant against landlord to recover the value of buildings erected on the demised preanises by the tenant during the lease.
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Tbial of an issue of law raised by a demurrer to the complaint by the defendant in her individual capacity that it does not state facts sufficient to constitute a cause of action against her individually. Action by tenant against landlord to recover the value of buildings erected on the demised preanises by the tenant during the lease. The lease contained a provision that if the lessees should rebuild the buildings, which had been destroyed by fire, “ The party of the first part (landlord) hereby agrees to pay for the buildings remaining on the premises at the expiration of the term hereby…
1Opinion of the Court
Gaynor, J.:
The lease was assigned to the plaintiff during the term, and the defendant became the owner of the demised premises during the term, as devisee under the will of the lessor, and collected the rent. As the words of the agreement that the lessor shall pay at the end of the term for the buildings to be erected by the lessees during the term do not name the heirs and assigns of the covenantor, it is not a covenant running with the land, and therefore binding on the defendant as devisee. When the covenant is of a thing not in esse, as is the case here, i. e., to erect buildings on the…
2Cases cited5 opinions
- Schoellkopf v. . CoatsworthNew York Court of Appeals · 1901
- Thompson v. RoseNew York Supreme Court · 1828
- Coffin v. . TalmanNew York Court of Appeals · 1854
- Tallman v. . CoffinNew York Court of Appeals · 1850
- Erwin v. HurdNew York Supreme Court · 1883
3Cited by5 opinions
- Purvis v. ShumanIllinois Supreme Court · 1916
- Sammis v. Town of HuntingtonNew York Supreme Court · 1918
- Ovington Bros. v. HenshawAppellate Division of the Supreme Court of the State of New York · 1906
- Ovington Bros. v. HenshawAppellate Division of the Supreme Court of the State of New York · 1906
- Rosenthal Paper Co. v. National Folding Box & Paper Co.Appellate Division of the Supreme Court of the State of New York · 1916